Filner’s final days a mystery

A top aide continues to oversee operations, hasn’t spoken to the mayor

San Diego Mayor Bob Filner speaks to city council during a meeting Friday, Aug. 23, 2013, in San Diego. Filner agreed Friday to resign on Aug. 30, bowing to enormous pressure after lurid sexual harassment allegations brought by at least 17 women eroded his support after just nine months as leader of the U.S. border city.
— Nelvin C. Cepeda

San Diego Mayor Bob Filner speaks to city council during a meeting Friday, Aug. 23, 2013, in San Diego. Filner agreed Friday to resign on Aug. 30, bowing to enormous pressure after lurid sexual harassment allegations brought by at least 17 women eroded his support after just nine months as leader of the U.S. border city.
— Nelvin C. Cepeda

San Diego  Mayor Bob Filner insisted as part of his agreement to resign that he be allowed to remain mayor for one more week before he officially calls it quits at 5 p.m. Friday.

Filner, who is stepping down amid lurid allegation of sexual misconduct, never explained to negotiators why the extra seven days were so important to him and he’s refused to answer any questions about his final days in office.

Filner retains full mayoral authority until Friday and continues to work out of the City Hall’s 11th floor despite the local, state and federal probes stemming from his alleged behavior and questionable policy decisions. That has led some to question the wisdom of allowing him to continue working as a lame-duck mayor.

John Dadian, a Republican political consultant, said he’d worry that Filner might delete emails or shred documents related to the investigations.

“Most people who’ve been in any type of management position either in the public sector or the private sector knows that once an employee leaves or intends to leave, either voluntarily or involuntarily, you get’em out of the office right away,” he said. “It’s just good business practice. So I’m baffled by this one week.”

Under the agreement Filner signed and the City Council approved last Friday, the city dropped the cross-complaint it filed against Filner in a sexual harassment lawsuit filed by a former aide. The city will now provide a joint legal defense in the case. In addition, Filner can still retain outside counsel, but the city will pay no more than $98,000 for legal fees. The city will have complete control over decisions on settlements of any claims.

The deal was brokered in mediation with City Attorney Jan Goldsmith, Council President Todd Gloria and Councilman Kevin Faulconer participating in the negotiations.

Gloria said he can’t explain why Filner wanted to keep his job for an additional week.

“It was something that was important to the mayor in the negotiations and obviously those negotiations are confidential,” Gloria said. “I would just say that I think that Jan Goldsmith, Kevin Faulconer and I acknowledge that if it took a week we’d wait a week in order to save the six, seven months the legal process might have taken or the three-and-a-half years that it might have taken to get to the end of his term.”

Gloria added, “He’s definitely still our mayor until Friday at 5 p.m. so he certainly has those powers and authorities if he wishes to exercise them. I don’t know if he’ll choose to actually do that though.”

Those authorities include the ability to sign contracts of up to $250,000 without council approval.

Filner handed over much of his authority to Walt Ekard last month when he named him the city’s interim chief operating officer. Ekard said he hasn’t spoken to Filner yet this week and hasn’t been given any directives from the departing mayor.

“I am not aware of why he asked for the extra week other than to tie up loose ends and say goodbye to supporters and his staff,” Ekard said in an email. “As far as what I’m doing, nothing has changed with regard to my authority over operations and I don’t expect there to be any change between now and Friday.”

The Mayor’s Office and Filner’s defense lawyers didn’t respond to requests for comment.

A U-T reporter approached Filner in the City Hall lobby Tuesday and asked him why he wanted the additional week. Filner continued walking, smiled and said, “No comment.”

Filner hasn’t taken questions for more than a month as nearly 20 women have come forward with accusations of inappropriate sexual behavior and unwanted advances, such as kisses, groping and derogatory comments.

Attorney Dan Gilleon said Tuesday he represents a domestic violence advocate who said Filner kissed her forehead and groped her breasts at a May 17 event at an elementary school. He said the woman, whose name is Marilyn -- he did not provide her last name -- would be filing a claim with the city — a precursor to a lawsuit.

“It could be anything from he just wanted the honor of the extra week to he didn’t want to be seen as being thrown out immediately,” Luna said. “Or maybe he thought there’s some final Nixonian surprise he could do, but I doubt that seriously. I think more than anything he wanted some control over his exit and getting the extra week gave him the opportunity to have a more graceful exit rather than being drummed out right after the council vote.”